PLC attorney helped secure win against landlord who refused maintenance and infestation request
Earlier this month, PLC Staff Attorney Ingrid Arriaga won an unlawful eviction case on behalf of a Santa Ana family of six. The owners of their building evicted them, rather than correct a massive cockroach infestation and backlog of routine maintenance requests.
“It’s always satisfying when the ‘little guy’ wins. Landlords, whether owners of a single home or a massive complex, have an obligation to provide safe, up-to-code, habitable units in exchange for tenants’ hard-earned rent money,” said Arriaga.
The cockroach infestation, which the landlord had been apprised of several times, was so out of control that the tenant’s four daughters, who also live with him, would wake up to swarms of cockroaches crawling over them. The tenant’s granddaughter actually got sick after accidentally eating one.
Not only did the landlord refuse to eradicate the pests—which they acknowledged during trial they were aware of—but they also wouldn’t fix plumbing, heating, broken windows or holes in the wall.
After this, PLC’s exasperated client decided to use the only leverage he had—withholding rent. But instead of making the repairs, the landlord thought eviction was a cheaper route and tossed the client and his children and grandchild out.
The Orange County Superior Court ruled that the landlord breached the implied warranty of habitability and awarded the tenant attorney’s fees and associated costs. Furthermore, the judge ordered the entire building be fumigated within 30 days.
“This case should serve as a warning to slumlords everywhere that substandard housing will not be tolerated and there are repercussions for neglecting their duties and properties,” said PLC Lead Attorney Lili Vo Graham.